Legal Opinion
Cuno Engineering Corp. v. Hudson Auto Supply Co.
District Court, E.D. New York
Decided September 4, 1930No. 3820PublishedCited by 5 opinions
1Opinion of the Court
CAMPBELL, District Judge.
This is a motion for a rehearing and for leave-, to amend answer.
This case was tried before me in May, 1929, and the decree was entered on August 5, 1929, more than one year before this motion was made, and no appeal was taken from the decree.
The defendants, having lost their case on one theory, now seek to try it on another.
This cannot be allowed, if trials are to conclude anything. Hicks v. Ferdinand (C. C.) 20 F. 111; Corrugated Paper Patents Co. v. Paper Working Mach. Co. (D. C.) 237 F. 391; Landis Tool Co. v. Ingle (C. C. A.) 286 F. 5.
Neither the ease of Simmons…
2Cases cited5 opinions
- John Simmons Co. v. Grier Brothers Co.Supreme Court of the United States · 1922
- Kerner Incinerator Co. v. Townsend Estates, Inc.District Court, N.D. Ohio · 1926
- Landis Tool Co. v. IngleCourt of Appeals for the Third Circuit · 1923
- Corrugated Paper Patents Co. v. Paper Working Mach. Co.District Court, S.D. New York · 1916
- Hicks v. FerdinandU.S. Circuit Court for the District of Southern New York · 1884
3Cited by5 opinions
- Munoz v. Porto Rico Ry. Light & Power Co.Court of Appeals for the First Circuit · 1936
- State Tax Commission v. United StatesCourt of Appeals for the Tenth Circuit · 1943
- MARINE MIDLAND TRUST CO. OF NY v. Eybro CorporationCourt of Appeals for the Second Circuit · 1932
- Colonial Book Co. v. Amsco School Publications, Inc.District Court, S.D. New York · 1942
- Colonial Book Co. v. Amsco School Publications, Inc.Court of Appeals for the Second Circuit · 1944